header-logo header-logo

19 October 2012 / Christopher Cant
Issue: 7534 / Categories: Features , Property
printer mail-detail

Criminal gains

istock_000009413571medium_4

Can a criminal squatter acquire title by adverse possession? Christopher Cant investigates

Criminal entry onto land will not block a claim to title based on adverse possession. Will the new offence aimed at residential squatters prevent such a squatter succeeding with an adverse possession claim?

Section 144 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 makes it an offence to squat in a residential building from 1 September 2012. Previously s 7 of the Criminal Law Act 1977 (CLA 1977) made it an offence for a trespasser not to leave having been asked to do so by a “displaced residential owner” or a “protected intending occupier”. The new offence applies to all residential buildings whether or not vacant immediately prior to the trespass and whether or not a request to leave has been made.

The elements of the offence set out in sub-section (1) are:

  1. the person is in a residential building as a trespasser having entered it as a trespasser;
  2. the person knows or ought to know that he or she
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll